Disability May Have Factored into Termination Decision

We’re too busy to have employees calling in sick, a catering company manager allegedly told a dishwasher in handing her a pink slip. The company denied the charge, claimed the termination was for poor performance and presented evidence of the things it had done to accommodate the dishwasher’s disability-related absences. But the human rights tribunal refused to dismiss the dishwasher’s disability discrimination claim. There was enough evidence to suggest that disability may have been at least one factor in the decision to termination to warrant letting the case go to trial, it reasoned [Tudway-Cains v. Geffen Gourmet Catering and another, 2018 BCHRT 82 (CanLII), April 10, 2018].